Opinion
Case Number: 11CR2901-BEN
02-16-2012
UNITED STATES OF AMERICA v. JOSE CARMEN RIVAS-CHAVEZ (1)
KRIS J. KRAUS, FEDERAL DEFENDERS, INC. Defendant's Attorney
JUDGMENT IN A CRIMINAL CASE
(For Offenses Committed On or After November 1, 1987)
KRIS J. KRAUS, FEDERAL DEFENDERS, INC.
Defendant's Attorney
REGISTRATION NO. 81387098
[]
THE DEFENDANT:
[×] pleaded guilty to count(s) 1ss AND 2ss OF THE SECOND SUPERSEDING INFORMATION.
[] was found guilty on count(s) _______________ after a plea of not guilty.
Accordingly, the defendant is adjudged guilty of such count(s), which involve the following offense(s):
+---------------------------------------------------------------+ ¦Title & Section ¦Nature of Offense ¦Count Number(s) ¦ +-----------------+---------------------------+-----------------¦ ¦8 USC 1325 ¦ILLEGAL ENTRY (Misdemeanor)¦1ss ¦ +-----------------+---------------------------+-----------------¦ ¦8 USC 1325 ¦ILLEGAL ENTRY (Felony) ¦2ss ¦ +---------------------------------------------------------------+
The defendant is sentenced as provided in pages 2 through 2 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.
[] The defendant has been found not guilty on count(s) _______________
[×] Count(s) UNDERLYING AND SUPERSEDING INDICTMENTS is [] are [×] dismissed on the motion of the United States.
[] Assessment: $110.00 (COUNT 1ss - $10.00, COUNT 2ss - $100.00) through the Inmate Financial Responsibility Program (IFRP) at the rate of $25.00 per quarter during the period of incarceration.
[×] Fine waived [] Forfeiture pursuant to order filed _______________, included herein.
IT IS ORDERED that the defendant shall notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution, the defendant shall notify the court and United States Attorney of any material change in the defendant's economic circumstances.
FEBRUARY 13, 2012
Date of Imposition of Sentence
HON. ROGER T. BENITEZ
UNITED STATES DISTRICT JUDGE
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of
COUNT 1ss: SIX (6) MONTHS;
COUNT 2ss: TWENTY-FOUR (24) MONTHS CONSECUTIVE TO COUNT 1ss.
[] Sentence imposed pursuant to Title 8 USC Section 1326(b).
[×] The court makes the following recommendations to the Bureau of Prisons: DEFENDANT BE INCARCERATED WITHIN THE EAST COAST OF THE UNITED STATES.
[] The defendant is remanded to the custody of the United States Marshal.
[] The defendant shall surrender to the United States Marshal for this district:
[] at _______________ []a.m. []p.m. on _______________ as notified by the United States Marshal.
[] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
[] before _______________
[] as notified by the United States Marshal.
[] as notified by the Probation or Pretrial Services Office.
RETURN
I have executed this judgment as follows:
Defendant delivered on _______________ to _______________ at ________________, with a certified copy of this judgment.
UNITED STATES MARSHAL
By _______________
DEPUTY UNITED STATES MARSHAL